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How Long Do I Have to File a Personal Injury Claim in MA?

In this post, we will explain how much time you have to file a claim and how a personal injury lawyer in Massachusetts can help you.

September 16, 2024

If you have been injured it is important to know how long you have to file a personal injury claim. The Law Office of James F. White is here in Franklin to help guide you through the legal process. In this post, we will explain how much time you have to file a claim and how a personal injury lawyer in Massachusetts can help you.

Massachusetts Time Limits for Filing a Personal Injury Claim

In Massachusetts, you usually have three years from the date of the accident or injury to file a personal injury claim. This is called the statute of limitations. If you do not file within that time, you might lose your right to seek compensation.

Why You Should Act Fast

Get legal help as soon as possible after an injury. If you wait too long, you might miss your chance to get the compensation you deserve. By talking to a Franklin personal injury lawyer quickly, you can make sure your case is handled properly and within the legal deadline.

Exceptions to the Three-Year Rule

While the general time limit for filing a personal injury claim is three years, some exceptions may give you more time. These include:

Discovery of Injury: If your injury was not obvious right away, the clock may start from the date you discovered it. For example, if you had internal injuries that were found later, the time limit might start from when they were diagnosed.

Minor Injured Party: If the injured person is under 18, the three-year limit does not start until they turn 18. This means they could have until they’re 21 to file a claim.

Incapacitation: If the injured person was mentally incapacitated at the time of the accident, the time limit may be paused until they are able to handle legal matters.

Defendant Leaving the State: If the person responsible for your injury leaves Massachusetts after the accident, the time limit might pause until they return to the state.

It is always best to talk to a Franklin personal injury lawyer to see if any of these exceptions apply to your situation.

How Long Will a Personal Injury Case Take?

The time it takes to resolve a personal injury case can vary. Some cases are settled in just a few months, while others may take a year or more if they go to court. It depends on several factors, including:

Severity of the Injury: More serious injuries may take longer to resolve because the long-term impact needs to be fully understood before a settlement is reached.

Negotiations: If the insurance company offers a fair settlement quickly, the case can be resolved sooner. However, if negotiations drag on or if they refuse to offer fair compensation, it could take longer to settle.

Court Involvement: If your case goes to trial, the timeline will be extended due to court schedules and legal proceedings.

Get The Law Office of James F. White on Your Side Today

Do not wait to get legal help. Contact the Law Office of James F. White today to speak with an experienced Franklin personal injury lawyer. We will explain your rights and help you take the first step towards getting compensation for your injuries.

James “Jim" White

James “Jim" White

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